07-18-2008, 02:25 AM | #11 | |
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I'd like to see Fenty defy the decision. It would be fun to see Federal Marshals come into his office and haul his ass to jail.
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07-18-2008, 02:27 AM | #12 |
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Well, no, what he is saying is that they have a new law and that you have to go to court to see whether it comports with the new ruling. He is right about that. But I think congress will intervene much sooner.
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07-18-2008, 02:28 AM | #13 | |
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(1) If it's a constitutional decision, then we have to pass an Amendment to the Constitution (2) If it's a statutory ruling, Congress has to change the statute. I guess there's a third -- the Supreme Court can change its own mind and reverse a ruling. But the new DC gun law doesn't undermine anything that the Supreme Court held in Heller. It doesn't "challenge" it by flaunting it. It challenges it by saying, "we're going to see what this right means that you recognized." There is NOTHING in Heller that says the DC government can't do what it's doing. And that is exactly what is going to happen -- lots of new laws, and lots of challenges to determine the contours of the 2nd Amendment right. The Supreme Court may overturn the DC gun ban again if it gets a case on it, but then it will only be cutting new territory again. I don't think people realize that Heller was the first opinion in our Nation's history interpreting the Second Amendment. It's remarkable, but the Court had never decided a case directly on the Second Amendment. They'd hinted and danced around it, but never had to interpret it.
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07-18-2008, 02:31 AM | #14 | |
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When the new law is passed, DC will take it to the Supreme Court to see if it is in compliance with the decision. Is that close?
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07-18-2008, 02:32 AM | #15 |
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This is NOT like Wallace and desegregation -- puhlease.
There, the Court said, "INTEGRATE!" and the people said "NO!" Here, the Court said "YOU CAN'T BAN THE OWNERSHIP OF HANDGUNS IN THE HOME OUTRIGHT B/C THE SECOND AMENDMENT IS AN INDIVIDUAL RIGHT" and DC is now saying "FINE, WE WON'T BAN HANDGUNS IN THE HOME, BUT WE'RE GOING TO MAKE IT HARD TO GET ONE AND ALLOW IT TO BE LOADED IN LIMITED CIRCUMSTANCES." Do you not see the difference? The District moved only as far as the Court required it to. Congress is not going to touch this. The 101st Airborne is not coming to DC. More inapt and offensive comparisons.
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"Now I say that I know the meaning of my life: 'To live for God, for my soul.' And this meaning, in spite of its clearness, is mysterious and marvelous. Such is the meaning of all existence." Levin, Anna Karenina, Part 8, Chapter 12 Last edited by Levin; 07-18-2008 at 02:34 AM. |
07-18-2008, 02:34 AM | #16 | |
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The Supreme Court is going to be very busy in the next decades with 2nd Amenmdnet cases that's for sure as all sorts of laws are challenged and the Court begins to define the right it recognized for the first time in Heller.
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07-18-2008, 02:34 AM | #17 | |
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07-18-2008, 02:37 AM | #18 | |
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The bigger issue is that they will only be able to have it loaded for self-defense.
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07-18-2008, 02:37 AM | #19 | |
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If I ever get stupid and decide to live in DC, please remind me of this.
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07-18-2008, 02:39 AM | #20 |
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DC leaders are saying, "The Supreme Court said the reason the 2nd Amendment is an individual right is because of self defense. So we will allow you to have guns for self-defense. If an intruder comes into your home, fire away. But you can't take the gun outside your home."
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